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Home My WebLink AboutR-09-20RESOLUTION NO. R-09-20 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE DISTRICT FOUR HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION IN REGARD TO RECONSTRUCTION OF BARBER STREET FROM 66T" AVENUE/SCHUMANN DRIVE TO CR 512 PURSUANT TO THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (ARRA); PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, pursuant to FS 339.07 and 339.08 and the American Recovery and Reinvestment Act of 2009 (ARRA), FDOT is authorized to undertake a project to reconstruct Barber Street from 66t" Avenue/Schumann Drive to CR 512 and the City of Sebastian is desirous of having the improvement constructed. WHEREAS, in accordance with Federal law and Federal highway administration there must be an agreement from the City of Sebastian to maintain the project. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AUTHORIZATION. The City Council hereby approves the DISTRICT FOUR HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT for the Barber Street Improvement Project as attached hereto as Exhibit "A". Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon adoption. The foregoing Resolution was moved for adoption by Council member s i m c n i c k .The motion was seconded by Council member W o l f f and, upon being put into a vote, the vote was as follows: Mayor Richard Gillmor Vice Mayor Jim Hill Council Member Andrea Coy Council Member Dale Simchick Council Member Eugene Wolff aye aye absent aye aye The Mayor thereupon declared this Resolution duly passed and adopted this 13th day of May, 2009. CITY OF SE TI ,FLORIDA r B' Ric ar . Gi mor, Mayor ATTEST: ~! Sally A. aio, MMC City CI k Approved As to Form And Legality For Reliance by the City Of Sebastian Only: Robert A. Ginsburg, City ttorney 2 SECTION No.: NIA FM No. (s): 426246-1-52-01 CITY: Sebastian COUNTY: Indian River County S.R. No.: N/A DISTRICT FOUR HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this day of 20 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the DEPARTMENT and the City of Sebastian, a political subdivision, existing under the Laws of Florida, hereinafter called the AGENCY. WITNESSETH: WHEREAS, the AGENCY has jurisdiction over Barber Street as part of the City Roadway System from 66th Avenue/Schumann Drive to County Road 512; and WHEREAS, the DEPARTMENT seeks to install and have maintained by the AGENCY certain Roadway improvements within the right of way of Barber Street as described within Exhibit A; and WHEREAS, pursuant to §339.07 and 339.08, Florida Statutes and the American Recovery and Reinvestment Act of 2009 (ARRA), the DEPARTMENT is authorized to undertake a project within the AGENCY geographical limits and the AGENCY is desirous of having this improvement constructed; and WHEREAS, the said project involves reconstruction of Barber Street from 66tH Avenue/Schumann Drive to County Road 512 as described within Exhibit A, [Financial Project Identification Number 426246-1-52-01, FAP# ARRA-090-B,] which will benefit the AGENCY; and WHEREAS, in accordance with Federal law and Federal Highway Administration regulations issued pursuant thereto, there must be an agreement from the AGENCY to maintain the project; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the AGENCY by Resolution No. dated , 20 , attached hereto and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so; NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: Page 1 of 4 1. The DEPARTMENT has undertaken the project and obtained the approval of Federal participation in the Barber Street transportation improvements. 2. The AGENCY shall allow the DEPARTMENT and its contractors to enter on the City of Sebastian right of way to construct this project. 3. The DEPARTMENT will not purchase or transfer right of way. All improvements will be completed within the AGENCIES currently owned right of way. 4. It is understood and agreed by the parties that upon notice of final acceptance by the DEPARTMENT of the project, the AGENCY shall be responsible for its costs, for maintenance of said project in accordance with the following Federally and State accepted standards: (a) FDOT Plans Preparation Manual (PPM), (b) Florida Green Book dated 2007 (c) Standard Specifications for Roadway and Bridge Construction dated 2007, as amended by contract documents, and (d) Manual on Uniform Traffic Control Devices (MUTCD), current edition. 5. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings as represented in the Final Proposed Construction plans. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. 6. This Agreement shall be governed, interpreted and construed according to the laws of the State of Florida. 7. LIST OF EXHIBITS Exhibit A: Project Improvements and Scope Page 2 of 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year provided below. AGENCY ATTEST: CITY OF SEBASTIAN, through its CITY CI ----'~ City Clerk Mayor 13th day of May 20 0 9 Approved as to form by Office of City Attorney ey Robert Ginsburg ~/ 13 /2009 City Attorney ATTEST: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ~,~~~ ~ ~ Executive S c tary ' By (SEAL) Tran ortation evelopment Direc or 6~P~E OFF ~~ q~• Approval as to form: a z 0 ~~ ~ ~~° District General Counsel (S / / x/20 U O~ ~'RANS~ Page 3 of 4 SECTION No.: NIA FM No. (s): 426246-1-52-01 CITY: Sebastian COUNTY: Indian River County S.R. No.: NIA EXHIBIT A PROJECT IMPROVEMENTS AND SCOPE ALL of the improvements are within the AGENCY's (the City of Sebastian) right of way. Summary of Work: • Roadway reconstruction - Type B Stabilization - Optional Base Group 09 - Superpave Traffic B, 3" • Rework shoulders where necessary • Correct sidewalk deficiencies • Upgrade sidewalk crosswalks to meet ADA standards • Replace drainage culverts at crossing drainage ditches Typical Section • Two-lane undivided 24' roadway • Six foot unpaved shoulders • Concrete sidewalk on left roadway Signing and Pavement Markings • Restripe center and outside stripes Americans with Disabilities Act • Correct sidewalk deficiencies • Upgrade sidewalk crosswalks to meet ADA standards Drainage • Replace four cross-drains and eight end-treatments Page 4 of 4